Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee notes with interest the information given in the Government's first report, including the text of newly enacted legislation to extend the application of the principle of equal remuneration to all sectors of the economy (Equal Remuneration to Men and Women for Work of Equal Value Law, 1989).

1. The Committee notes the statement in the report that in a number of collective agreements (notably in the food, beverage, construction, clothing, woodworking and metal goods industries) minimum pay rates differ by sex. On this matter, the Committee refers to its previous comments made under Convention No. 111 where it observed that in recently concluded collective agreements or mediation proposals, pay scales were differentiated on the basis of sex not only at the base level but also as concerned prescribed weekly increases. Referring with interest to the Government's policy to reduce wage differentials and to the commitment of the social partners to ensure adherence to ratified ILO Conventions (Part E of the Industrial Relations Code, 1977), the Committee hopes that the Government will be able to indicate in its next report that positive steps have been taken both to abolish all differences in pay rates based on sex and to integrate the job categories specifically reserved for male or female workers in collective agreements. The Committee has also noted the statement of the Government in its report for 1989-90 under Convention No. 111, where it indicated that the equal remuneration legislation and a new tripartite policy was expected to have a positive effect on the elimination of sex-based pay rates in collective bargaining. In this, the Committee would draw the Government's attention to the importance of using new job classification methods based on objective criteria which have no connection with the present distinctions based on sex so as to ensure that sex-related discrimination is not continued under a different denomination.

2. Pending entry into force of the 1989 legislation, the Committee requests the Government to indicate whether women employed under particular collective agreements could invoke the grievance procedures provided for under the Industrial Relations Code, 1977, to amend discriminatory provisions in those agreements. The Committee also requests the Government to indicate whether it would be possible for women employed under the terms of a collective agreement to enforce collectively their right to equal remuneration under the legislation once it enters into force, since it would appear that sections 4 and 8 of the Act concern the rights of individual women to amend their individual contracts of employment.

3. Referring to the statement in the report that no dependent spouse is recognised for women workers in most industrial medical funds, the Committee requests the Government to indicate what measures have been taken or are contemplated to ensure the elimination of discrimination based on sex from social security schemes financed by particular undertakings or industries. In this respect, the Committee recalls the explanations given in paragraphs 17 and 88 of its 1986 General Survey on Equal Remuneration.

4. While noting that the 1989 equal remuneration legislation will not enter into force until October 1992, the Committee would be grateful if the Government would provide information on the manner in which it is envisaged that the law will apply in practice, since the reference to work of a like or substantially like nature in the Act's definition of work of equal value may be interpreted as requiring a more restrictive comparison of jobs than is contemplated by the Convention. Noting that no special methods have yet been adopted to promote an objective appraisal of jobs, the Committee would be grateful if the Government would indicate the criteria to be used under the legislation to determine the value of jobs to be compared and the scope of comparison envisaged. In addition, the Committee requests the Government to indicate the measures to be taken to ensure that the criteria used to compare jobs will not undervalue the work usually performed by women.

5. The Committee would be grateful if the Government would continue providing information on the practical measures taken pursuant to its policy to ensure equal treatment of men and women in employment and in particular on its efforts to reduce the wage differential between men and women. In this respect, the Committee requests the Government to indicate whether measures to raise the lowest rates of daily wages (e.g. as in article 2 of the 1987 proposal of the Conciliation Department of the Ministry of Labour and Social Security to resolve the dispute between the Association of Shoe Industries and the SEK and the PEO) have been taken with a specific view of reducing the wage differential between men and women. If so, the Committee would be grateful if the Government would provide any other examples of similar action. It also requests the Government to furnish with its next report copies of collective agreements for industries employing significant numbers of women (as appears to be the case, for example, in the food, tourist, hotel and banking industries).

6. Noting with interest that the implementation of the Convention has been the subject of close co-operation between the Government and the employers' and workers' organisations, the Committee requests the Government to provide specific information on any such co-operative measures taken or contemplated to ensure and promote the application of the principle of equal remuneration.